851.857 Su 8/54½a

The Secretary of State to President Wilson

My Dear Mr. President: I enclose a suggested insertion in the draft of instructions to the American Ambassador at Berlin, which I handed to you at the White House on the 6th instant.26

The suggestion is due to Mr. Gerard’s telegram #3713 of April 6th.27 I have just this moment received another telegram from Mr. Gerard28 saying that he expected to receive today the German reply in the Sussex case. I am, however, sending forward this suggestion for insertion because I assume the German answer will deny the presence of one of their submarines in the vicinity of the Sussex at the time she was wrecked—which will not materially affect our position as I see it.

I also enclose a flimsy of Mr. Gerard’s 3713 and also a statement of the facts in the case of the Sussex based on the evidence which we now have in hand. My idea is that this statement should accompany the proposed instructions, together with the evidence upon which it is based.29

In case that course is followed it will be necessary to insert on page one of the draft of instructions a parenthetical clause at the end of the third paragraph, reading: “(A statement of the facts in the case is enclosed.)”

In spite of the dispatches we are receiving from Berlin I am still of the same opinion which I have by letter and orally expressed to you—that the course of action of this Government should be decided upon as soon as possible.

Faithfully yours,

Robert Lansing
[Enclosure]

Suggested Insertion at the Beginning of Draft Instructions to the Ambassador in Germany (Gerard)

I did not fail to transmit immediately by telegraph to my Government your Excellency’s note of the 5th instant30 in regard to the [Page 543] disastrous explosion, which on March 24th wrecked the French steamship Sussex in the English Channel. I have now the honor to deliver, under instructions from my Government the following reply to your Excellency:

The Government of the United States, after careful consideration of the Imperial Government’s note of April 5, 1916, regrets to state that it appears from the statements and requests contained in the note that the Imperial Government fails to appreciate the gravity of the situation which has resulted not alone from the attack on the Sussex but from the submarine warfare as waged by the German naval authorities, which without apparent discrimination has been directed against neutral merchant vessels as well as those of Germany’s enemies.

If the Sussex had been an isolated case, the Government of the United States might consider that the officer responsible for the deed had wilfully violated his orders and that the ends of justice would be satisfied by imposing upon him an adequate punishment and by a formal disavowal of the act by the Imperial Government. But the Sussex is not an isolated case, though the attack was so utterly indefensible and caused a loss of life so appalling that it stands forth today as one of the most terrible examples of the inhumanity of submarine warfare as it is now being waged by Germany.

Even if the Sussex was torpedoed by mistake or in deliberate disobedience of orders, the fact remains that the act is in accord with the spirit manifested by the German naval authorities in their general policy and practice of submarine warfare. In view of this fact no apology, no disavowal, no admission of wrongdoing, no punishment of a guilty officer, and no payment of indemnity will satisfy the Government of the United States. Furthermore, the question of submarine warfare, which has for so many months been under discussion, is no longer debatable. The evidence of the determined purpose of the Imperial Government in the employment of submarines against peaceable merchant vessels is too certain and too plain to require explanation, and it is too manifestly lawless to admit of argument.

Thoroughly convinced that the attack on the Sussex was directly due to the German policy, though there may possibly have been a technical violation of orders by the commander of the submarine who torpedoed the vessel, the Government of the United States, while communicating to the Imperial Government the facts in the case of the Sussex, is constrained to go further and to announce the course of action which it has determined to follow and the reasons for such action.